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MOUBER v. CITY OF PRAIRIE VILLAGE

No. 52,292

6 Kan. App. 2d 972 (1981)

637 P.2d 424

DAVID MOUBER and RITA MOUBER, JAMES F. PENNINGTON and NANCY PENNINGTON, HOWARD VANDERVORT, JOHN JURCO and DONNA JURCO, Appellants, v. THE CITY OF PRAIRIE VILLAGE, A Municipal Corporation, THE McDONALD'S CORPORATION, Appellees.

Court of Appeals of Kansas.

Opinion filed December 3, 1981.

Attorney(s) appearing for the Case

Marvin E. Rainey, of Rainey & Wiglesworth, of Overland Park, for appellants.

Donald Jarrett and Charles E. Wetzler, of Bennett, Lytle, Wetzler, Winn & Martin, of Prairie Village, for City of Prairie Village, appellee.

A.C. Cooke, of Cooke, Ballweg, Borth, Wilson & Simpson, of Prairie Village, for The McDonald's Corporation, intervenor-appellee.

Before JUSTICE FROMME, presiding, PARKS, J., and B. MACK BRYANT, District Judge Retired, assigned.

FROMME, J.:

This action was brought in the district court to determine the reasonableness of the order of the Board of Zoning Appeals of the City of Prairie Village, Kansas, in approving the issuance of a building permit to The McDonald's Corporation for the construction of a restaurant at the northeast corner of 83rd Street and Somerset Drive. This action is authorized by K.S.A. 12-715 which in pertinent part reads:

"Any person, official or governmental...

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